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Greenbow Pty Ltd v Rossi Recycling Pty Ltd (No 2)

Greenbow Pty Ltd v Rossi Recycling Pty Ltd (No 2)

Case [2022] VCC 1729

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AGLC: Greenbow Pty Ltd v Rossi Recycling Pty Ltd (No 2) [2022] VCC 1729
Case: [2022] VCC 1729
Decision Date: 13 October 2022

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Citations

Greenbow Pty Ltd v Rossi Recycling Pty Ltd (No 2) [2022] VCC 1729

Most Recent Citation

McGlone v Gerard Brandrick & Associates Pty Ltd (Costs) [2023] VCC 1895

Cases Citing This Decision

McGlone v Gerard Brandrick & Associates Pty Ltd (Costs) [2023] VCC 1895
Citation 1 (Para 16)

…herefore, Mr Kyne argues that an inability to satisfy the “man of straw” requirement means that the test in Knight is not satisfied. [23] [2022] VCC 1729 at [16]. 87Mr Kyne asks the question that, if the selling of $100,000.00 in plant and equipment was so significant as to make Tugnotion a “man of straw”, why did…

Cases Cited

Statutory Material Cited

Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 364
Citation 1

…ecovery of a debt, and is not a proper motive for the bringing of a claim in this Court”. [2] Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397 at 401; Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 at [7] 6In relation to the non-party costs order against Paul, Mr Barber submits (and I agree) that the cour…
Piscopo v Not Lawyers [2008] FCA 1907
Citation 2

…for the bringing of a claim in this Court”. [2] Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397 at 401; Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 at [7] 6In relation to the non-party costs order against Paul, Mr Barber submits (and I agree) that the court has the n…
FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340
Citation 3 (Para 14)

…eding. [4] (1992) 174 CLR 178 [5] FMP Constructions Pty Ltd v Council of the City of the Blue Mountains [2005] NSWCA 340 at [14] and [203]-[209] per Basten JA 17In any event, I am satisfied that Greenbow was the real party to the proceeding. The Greenbow UPE was validly owing to Greenbow and released, essentially b…
Knight v FP Special Assets Ltd [1992] HCA 28
Citation 4

…The jurisdiction to order a non-party to pay costs is exceptional but well-established. In Knight v FP Special Assets Ltd (1992) 174 CLR 178 at 192-193, Mason CJ and Deane J recognised a general category of case in which an order for costs should be made against a non-party where: (a) the party to the litigation is i…
Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 3) [2012] VSC 399
Citation 5 (Para 17)

…y finding that the conduct did not reach the levels of the moral or legal depravity necessary to support the findings urged by the defendant. [3] [2012] VSC 399 at [17]-[18] 10Counsel next argued that an order for indemnity costs is reserved for exceptional cases where the losing party has engaged as a litigant i…
Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189
Citation 6 (Para 7)

…Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397 at 401; Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 at [7] 6In relation to the non-party costs order against Paul, Mr Barber submits (and I agree) that the court has the necessary jurisdiction to make the order. He also submi…
Greenbow Pty Ltd v Rossi Recycling Pty Ltd [2022] VCC 1298
Citation 7

…ffect to these reasons, and any further issue as to costs will be determined on the papers.” [1] Greenbow Pty Ltd v Rossi Recycling Pty Ltd [2022] VCC 1298 2The parties have since provided short written submissions on costs – from Rossi Recycling dated 2 September 2022 and from Greenbow in reply dated 16 September…

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